The notion of legitim : should it be retained?

Abstract

In this thesis I will tackle the institute of legitim. Its historical background will be first given. Then, I will deal with the legitim of descendants; and on their failure, ascendants, stating briefly the position as it is today but focusing mostly on criticism towards the institute itself The practical problems which arise, whether it is just or not and whether it should be retained as it is, modified or abolished will be dealt with. I also intend to focus on the amended sections dealing with the rights of the legislator to improve the position of the surviving spouse under our law and as to whether the intention of the legislator to improve the position of the surviving spouse was achieved or whether some other measures should be taken. Then, the position of illegitimate children will follow. A comparative study will also be carried out. Finally, I will put forward some proposals and will come to a conclusion as to whether the notion of legitim should be retained.